California has a zero-tolerance policy for drunk driving, which means that even if your blood alcohol content (BAC) is below the legal limit of 0.08%, you can still be charged with a DUI if the officer believes that you are impaired. Additionally, if you are under 21 years old, the legal limit is even lower at 0.01%.
If you have been arrested for a drunk driving crime in Los Angeles, it is important to understand the serious consequences that you may face. The state of California has strict laws regarding driving under the influence (DUI), and penalties can range from fines and license suspension to jail time and even felony charges in some cases. This is why you need a skilled Los Angeles drunk driving lawyer to help you navigate the legal system and fight for your rights.
Defending Drunk Driving Related Offenses California :
The burden of proof is on the prosecutor and he or she must demonstrate through evidence beyond a reasonable doubt that you committed each of the elements required to convict you of Hit and Run.
- Hit and Run: The prosecutor bears the burden of proof and must present evidence beyond a reasonable doubt to prove that you committed all the necessary elements to be convicted of Hit and Run.
- VC 23152(a) – DUI involving drugs and/or alcohol level above 0.05%: I can defend against charges of driving under the influence of drugs or alcohol when the concentration of either is above 0.05%.
- VC 23152(b) – DUI involving blood/breath alcohol above 0.08%: I can also provide defense for charges of driving under the influence of drugs or alcohol when the concentration of alcohol in your blood or breath is above 0.08%.
- VC 23153(a) – DUI causing injury or death to another: If you have been charged with driving under the influence and causing injury or death to another person, I can help defend against those charges.
- VC 23153(b) – DUI above 0.08% causing injury or death to another: Similarly, if you have been charged with driving under the influence with a blood or breath alcohol concentration above 0.08% and causing injury or death to another, I can provide defense.
- VC 20001(a) – Hit & Run causing injury or death to another: I can defend against charges of Hit and Run when it involves injury or death to another person.
- VC 20002(a) – Hit & Run causing property damage only: I can also provide defense against charges of Hit and Run when it only involves property damage.
- VC 14601.2 – Driving on a suspended license: If you have been charged with driving on a suspended license, I can help provide defense.
- VC 2800.1 – Evading Police: I can also defend against charges of evading police while driving.
- DUI Refusals: I can also defend against charges of refusing to take a DUI test.
- DMV Suspension Hearings (APS, Negligent Operator, and medical suspension): If your driver’s license has been suspended by the DMV, I can provide defense at your suspension hearing for offenses such as administrative per se (APS), negligent operator, or medical suspension.
- DUI Checkpoints: Finally, I can provide defense for charges related to DUI checkpoints.
What To Expect After A Los Angeles Drunk Driving Arrest
If you’re facing a DUI charge in Los Angeles, it’s important to understand that there are two separate components to your case: the DMV hearing and the criminal court appearance. These two aspects are independent of each other, so succeeding in one does not guarantee success in the other. For example, even if you manage to reduce your charge from a DUI to a Wet Reckless in court, it won’t necessarily guarantee a favorable outcome in your DMV hearing. In other words, even if you’re not convicted of a DUI in court, the DMV can still suspend your license through administrative action. This can be confusing and overwhelming, particularly for first-time offenders, as both components of your case add to the complexity of your situation.
Elements of the Crime
In California, a DUI is defined as driving under the influence of drugs or alcohol, to the extent that it impairs your ability to drive safely. The prosecution must prove three elements of the crime to secure a conviction:
- You were driving a vehicle
- You were under the influence of drugs or alcohol while driving
- Your ability to drive safely was impaired by the drugs or alcohol
The penalties for a DUI in Los Angeles can vary depending on the circumstances of your case. For a first offense, you may face:
- Up to 6 months in jail
- Fines of up to $1,000
- License suspension for up to 6 months
- Mandatory DUI classes
- Installation of an ignition interlock device in your car
For subsequent offenses or aggravating factors such as a high BAC or causing an accident, the penalties can be much more severe and can include felony charges, longer jail time, and higher fines.
A skilled Los Angeles drunk driving lawyer can help you fight the charges against you and explore possible defenses, such as:
- Challenging the validity of the traffic stop or arrest
- Questioning the accuracy of the BAC test
- Arguing that your impairment was not caused by alcohol or drugs
- Negotiating a plea bargain or reduced charges
It is important to note that each case is unique, and the best defense strategy will depend on the specific facts of your case.
Call Cyrus, Drunk Driving Lawyer Near Me
If you have been arrested for a DUI in Los Angeles, you need the help of an experienced Los Angeles drunk driving lawyer who understands California’s drunk driving laws and can fight for your rights. At Tabibnia Law firm, Mr. Cyrus Tabibnia has helped countless clients successfully navigate the legal system and achieve the best possible outcome for their cases. Contact him today to schedule a free consultation and learn how he can help you.